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Legal matters

What docs needed for house sale?

5 replies

Ionlyfoundoutlater · 13/09/2011 11:32

Hi

Would welcome some knowledgeable advice on this one please :)

Recently divorced, I got the family home - been here 20 yrs, we had 2 extensions, now mortgage free. I plan to stay until youngest DC is safely settled in own home, maybe 6-7 yrs, then downsize.

Ex left and took his filing cabinets, he has given me what he says is all of docs relating to the house (we transferred into my sole ownership as part of settlement). I have deeds, but only 1 set of docs re. the planning permission for the first extension. I have the number of the PP doc for the 2nd extension (found it on local authority web site, where it says approved) but no docs. I know both extensions were done fully compliant with PP & building regs and were signed off, but there is no documentary proof in my possession.

What will I need when I sell the house? do I need to chase him up on this - can I get copies from elsewhere? is it all online these days? etc. Ex1 was 17 yrs ago, Ex2 was 10 yrs ago (if that makes a difference?). BTW I would happily pay for copies rather then have to deal with exH again TBH.

Don't want to get 7 yrs down the line and find I don't have what I need!!!

oh - should I lodge deeds with a solicitor? what happens if there's a fire and they are lost??? (just being paranoid now aren't I? but this is my pension pot!)

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Ionlyfoundoutlater · 15/09/2011 09:34

bump

I'm wondering if this too boring to answer Confused but I have googled and can't find an answer to this anywhere! I really just need to know if there are physical bits of paper I need to have in my possession in order to sell the house - and I really need to get it sorted while relations with the exH are reasonably cordial.

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mranchovy · 15/09/2011 10:06

Ex1 was 17 yrs ago, Ex2 was 10 yrs ago (if that makes a difference?)

Yes that makes a difference - a planning authority cannot normally take enforcement action after 10 years.

But the buyer's solicitor and/or lender might pick up on it anyway, causing cost and delay to the process so if you can get hold of copies in advance it would be good. Many authorities have these on line, although probably not going back 17 years and if you have already found the entries online and it says 'no docs' you may be out of luck. Use that portal to contact the council and ask.

Authoritative title deeds are now held electronically at land registry (except for some properties that haven't been sold for decades) so don't worry about expensive safe custody arrangements.

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Ionlyfoundoutlater · 15/09/2011 12:07

That's really reassuring mranchovy - many thanks.

I will get in touch with the LA

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Batteryhuman · 15/09/2011 20:21

Most planning consents and building regulation completion certificates are available from the local authority. As Mr A says after 10 years there would be no planning enforcement. Lack of proof of buildings regs can raise questions about whether work was done properly. Lack of either can generally be dealt with by way of a relatively cheap legal indemnity insurance.

The title to the property will almost certainly be registered so you can obtain a copy of your title from the Land Registry. It is the record on the register that counts and paper deeds are no longer needed to sell.

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Gonzo33 · 16/09/2011 13:58

Yep agree with above - maybe £70 ish for Indemnity Insurance on those points

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